What Is a Nonparty Subpoena for Documents in Florida?

Rule 1.351(a) states that it is the exclusive procedure for obtaining documents or things by subpoena from a nonparty without deposing the custodian. The documents must fall within the scope of discovery under Rule 1.350(a).

Notice comes first. The subpoena may not issue until 10 days after notice to every other party by delivery or email, or 15 days if notice is served by mail. If the notice is served with original process, the subpoena may not issue earlier than 45 days after service on the last served party. The proposed subpoena must be attached to the notice.

The proposed subpoena must state the time, place, and method of production, identify the person who is to produce, and designate the items sought. It must also state that the person has the right to object and will not be required to surrender the documents. A copy of the notice and proposed subpoena may not be furnished to the person to be served.

If a party objects within the notice period, the documents are not produced until the objection is resolved. Amendments to Rule 1.351 take effect January 1, 2027, and change how objections, including objections by the nonparty, are made and resolved, as summarized in the Rule 1.351 update.

If no timely objection is made, an attorney of record may issue the subpoena, or the clerk issues it on a certificate that no timely objection was received. This fits the broader process in what civil litigation encompasses.